Contractual obligations

Relief sought by petitioners was primarily with regard to enforcement of contractual obligations between parties and same could not be enforced or granted while exercising discretionary jurisdiction of High Court under Art. 199 of the Constitution

Appropriate remedy for such matters was through suit before civil court of competent jurisdiction

High Court declined to interfere in the matter as petition was not maintainable for seeking directions of payment through enforcement of contractual obligation where there was serious objection regarding execution and completion of work

Constitutional petition was dismissed in circumstances.

Question as to whether the petitioner completed the work in accordance with terms and conditions of contract or not, could not be resolved in the constitutional jurisdiction as recording of evidence was necessary to resolve the same

Unpaid amount for the work carried out by the petitioner, could be proved, through evidence in ordinary court, having jurisdiction, because if the amount was ascertained and was admitted by the respondent in that eventuality High Court could exercise its discretion in favour of the petitioner

Not only claim of the petitioner but also the work claimed to be done by the petitioner was disputed

Such controversy being fatual could not be resolved in the constitutional jurisdiction

Constitutional petition was dismissed.

Arbitration clause having been provided in the contract/agreement deed for resolution of any dispute or difference arising out of the deed, constitutional petition was not maintainable.

contractual obligations between private parties and public functionaries or disputed questions of facts could not be invoked in such jurisdiction

Doctrine of indoor management, whereby one private company sold its share to another private company without involving National Bank of Pakistan, would not be open for judicial review in Constitutional jurisdiction of High Court.